Commonwealth ex rel. Scott v. Board of Public Education

Citations

• 187 Pa. 70
• 40 A. 806
• 1898 Pa. LEXIS 771

Syllabus

<p>School law — Election of teachers — Board of education of the city of Philadelphia — Acts of March 3, 1818, February 17, 1865, May 25, 1871, and May 25, 1887.</p> <p>The board of public education of the city of Philadelphia has the right to prescribe the qualifications of all teachers, and to classify or grade them in accordance therewith, in such manner and by such tests as the board in its discretion may deem best for the interest of the public school system of the district; and in determining the qualifications of teachers for different kinds of schools, the board may take into consideration the question of sex.</p> <p>The board of education of the city of Philadelphia may determine that male teachers only shall be principals of certain classes of schools, and in doing so they do not violate the provision of article 10, see. 3, of the constitution of Penna., that “ women twenty-one years of age and upwards shall be eligible to any office of control or management under the school laws of this state; ” because the position of teacher is not an “ office of control or management ” within the meaning of the constitution.</p> <p>The sectional school boards in the city of Philadelphia have the right to select from the classes of teachers established by the board of education the individuals to fill the required positions in their several sections, and to certify the names of the persons so selected, whether as principals or assistant teachers, to the board of education. The board of education then has the right to inquire whether the person so certified is a qualified member of the class from which the particular position should be filled, and, if so, it is charged with the duty of certifying the name and position to the city controller. The latter duty is ministerial and imperative, but it only arises after the board has ascertained, in pursuance of its right of inquiry, that a proper occasion is presented for its performance.</p>